A bush fire brigade had a vehicle specially modified tohandle a large jack used in certain emergency situations. The vehicle was being used on another call when an urgent call came through for the use of the special jack at a serious accident close to the fire brigade headquarters. The officer-in-charge ordered that the jack be placed in the back of the only other vehicle at the fire station. On the way to the accident scene, the driver braked suddenly at an intersection and the jack shifted, injuring one fireman.

Can the injured fireman successfully sue his employer on the basis of the negligence of the officer-in-charge in placing the jack in a vehicle not specially built to carry it? Explain your reasoning.